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SOAR 2014 Annual ConferenceAccess To Justice: Change The
Culture, Shift the ParadigmPresented by: Kwame Addo
November 6, 2014
Making Regulatory Processes More Accessible and Transparent
In 2006, province enacted City of Toronto Act
Act established four mandatory accountability officers, including Ombudsman
Ombudsman appointed in 2008
Office open to the public in April 2009
Background
It’s a Balancing Act
City of Toronto Act (sections 170- 176)
Ombudsman Act (s. 19)
Toronto Municipal Code, Chapter 3 ◦ Section 3-30 (A)◦ Section 3-34 (B)◦ Section 3-35 (A)◦ Section 3-37
Relevant legislation
Investigations must be conducted in private
Ombudsman and staff shall preserve secrecy
Ombudsman may disclose in any report, information in her opinion that ought to be disclosed in order to establish grounds for his or her conclusions and recommendations
City of Toronto Act
Ombudsman files are exempt from MFIPPA
Ombudsman or anyone working under the instruction of the Ombudsman cannot be compelled to give evidence in a court proceeding
City of Toronto Act
Own motion investigations
Inform the complainant in writing if the Ombudsman refuses to investigate or discontinue an investigation
After investigation, inform complainant in writing of the results
Inform other affected parties
Municipal Code Chapter 3
Emails
Third party inquiries
Additional confidentiality measures
Source: Working With The Ombudsman: A Guide for the Toronto Public Service. September 2013
Making our processes more accessible and
transparent
Municipal Code allows Ombudsman to determine procedures
Flexible
Complaint doesn’t have to be in writing
Mail, in-person, on-line/email, phone
Accessing COT Ombudsman
Regular contact with the complainant
Advise in general terms of progress
Anticipated completion date
During the review/investigation
Complainants and the government organization are made aware of the information that will form the basis for the Ombudsman’s decision
Parties given an opportunity to respond and/or provide any new information
Reasons given to explain decisions and conclusions
After the evidence has been gathered
Reports will inform the complaint and the gov’t organization of the results of investigation
Must comply with s. 173(1)
Complainant’s name and all other identifying information redacted before release
Release of Investigation Reports
Report is tabled with City Council, relevant division, ABCC before release to the public
Criteria for release of investigation reportI. Public interest issueII. Systemic or system-wide implications
Release of reports
PublicationsI. Working with the Ombudsman: Protocol for
TPSII. Defining FairnessIII. Annual Report
Helping the public and TPS understand the Ombuds process
WebsiteI. Plain language textII. Compliant with web standards
recommended by web accessibility initiative
III. On-line reports available in alternative formats
IV. On-line complaint form
TTY capability for hearing impaired individuals
Improving access
Public education
Demographic survey
Time lines
Improving access
Questions
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